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Bombay High CourtARBP/1521/2014disposed off

Awadh Narain Singh v. Keystone Realtors Pvt. Ltd.

2015-01-27Hon'Ble Shri Justice S.J. Kathawalla2 pages

Nitin 967-ARBP-1521-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 1521 OF 2014 Awadh Narain Singh ...

Petitioner

Versus

Keystone Realtors Private Limited ...

Respondent Mr. Gaurav C. Mehta a/w. Ms. Rashida F.S. , Ms. N. Sanghvi i/b. Dhruve Liladhar and Company for the Petitioner.

Mr. Karan Dua i/b. Waida Ghandy & Company for the Respondent. CORAM : S.J. KATHAWALLA, J.

DATED : 27 TH JANUARY, 2015 P.C.

1.

By the above Arbitration Petition, the learned Advocate appearing for the Petitioner seeks appointment of a sole Arbitrator in place of Mr. Bhimrao N. Naik, Senior Advocate, who was earlier appointed as a sole Arbitrator under the Minutes of Order dated 18th June, 2012. Since Mr. Naik has expressed his inability to act as Arbitrator in the above matter, by consent of the parties Justice Mr. C.K. Thakkar (Former Judge of the Supreme Court of India) is now appointed as a sole Arbitrator to decide the disputes and differences between the parties arising out of the Development Agreement dated 9th October, 2012 and the Supplemental Agreement dated 9th January, 2007.

2.

The statement made by the Respondent before the earlier Arbitrator shall continue to be in force.

Nitin 967-ARBP-1521-2014 3.

The parties and their Advocates shall appear before the learned Arbitrator in his chambers after a period of three weeks from today and obtain necessary directions.

4.

Parties are at liberty to make applications for ad-interim / interim reliefs before the learned Arbitrator. 5.

The Arbitration and Conciliation Act, 1996 shall apply to the arbitration proceedings.

6.

The cost of arbitration shall initially be borne by the parties equally.

7.

All contentions of the parties are kept open. 8.

The venue of Arbitration shall be at Mumbai.

9.

The above Arbitration Petition is accordingly disposed of. (S.J. KATHAWALLA, J.)